IPC 304 - Murder
Culpable homicide is murder if the act by which the death is caused is done to cause death.
Death, or imprisonment for life + fine.
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Court of session
Definition of murder under section 300:
- The act is executed with an intent to cause death.
- The act is done to cause such bodily injury that the culprit knows would result in death.
- The person has the understanding that his act is harmful and would cause death or bodily injury but still commits the act, this would amount to murder.
- Causing death: There should be an intention of causing death,
- Doing an act: There should be an intention to cause such bodily injury that is likely to cause death, or
- The act must be done: with the knowledge that the act is likely to cause the death of another.
A, under the significance of passion thrilled by a provocation given by Z, knowingly kills. Y, Z’s child. This is murder, as much as the provocation was not put on by the child, and the demise of the child was not resulted in by accident in doing an act caused by the provocation.
Comments OR Recent judgement of supreme court 300
Suljina Dhan vs the State of Assam
Facts: There was a fight between the husband and wife. The husband was killed by the wife through an axe. The wife took the appeal that the axe fell on his husband by fault.
Judgement: The Court held that the conclusion was the outcome of the fight and such a fight gave an unexpected and grave provocation to the wife. So she should be fall under this exception. So the wife was liable for the culpable homicide not amounting to murder.